Goodrich v. Howe
Supreme Court of Connecticut
MOTION for a new trial. This was an action of debt on a bond given by the defendants to the plaintiff as judge of probate, with a condition that it should be void, if the defendant Thompson should faithfully administer on the goods and estate of Moses Thompson, deceased.
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MOTION for a new trial. This was an action of debt on a bond given by the defendants to the plaintiff as judge of probate, with a condition that it should be void, if the defendant Thompson should faithfully administer on the goods and estate of Moses Thompson, deceased. The defendants were defaulted, thereby confessing a forfeiture, and then moved to be heard in chancery on the question of damages, agreeably to the statute.(a) On the hearing, the defendants’ counsel exhibited in evidence a copy of the administrator’s account, duly authenticated, which had been allowed by the court of…
1Opinion of the Court
Mitchell, Ch. J.
(after stating the case.) 1. One question referred to this court was, whether the superior court on the circuit determined right in rejecting the testimony offered, relating to the two items of 84/. and 129/. in the administrator’s account? I am of opinion, that this testimony was irrelevant, and inadmissible.
The court of probate, which made this allowance to the administrator, had competent jurisdiction to determine, in the first instance, the justice and legality of charges exhibited by the administrator against the estate; and if any of the heirs were aggrieved, their…
2Cited by12 opinions
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